The four men who were in the Chevrolet Tahoe used in the fatal shooting of a Denver Broncos cornerback are likely the only people who know for certain who killed Darrent Williams.

At least two of them have extensive criminal records. A third is the government’s star witness, according to an indictment made public this week — but even the district attorney has expressed doubts about his account. And the fourth might not be cooperating with authorities.

To defense lawyers not involved in the murder case now lodged against Willie DeWayne Clark, it all makes for a challenging case for prosecutors to take before a jury.

Not only will they have to acknowledge some limitations in the physical evidence left behind from that night, they will also have to persuade jurors that one of those four is telling the truth.

“I think the biggest problem is the difference between the physical evidence and the statement of the person that was in the car with Mr. Clark,” said Denver lawyer Mark Burton, who is not representing Clark in the case but who agreed to analyze the indictment. “I think that is going to be a problem. Jurors like to see consistency between evidence and testimony.”

The 39-count indictment filed against Clark this week is not evidence. And prosecutors could have chosen not to play all their cards.

“Far-fetched” account

But if the case went to trial based on the facts released in the indictment, Denver prosecutors would have a witness from the back seat of the Tahoe who says that Clark fired 17 or more rounds from two guns while driving and reaching across the passenger seat and firing past his cousin.

“It seems a little far-fetched, driving at the same time and allegedly shooting two guns,” Burton said.

Even Denver District Attorney Mitch Morrissey said he has problems with his witness’ account.

“Obviously, there’s more than one shooter,” Morrissey said at a news conference Wednesday.

And what if that other shooter turns out to be the state’s star witness? The witness, an associate of Clark’s who is not named in the indictment, was in the back seat on the passenger side — the same side as Williams’ limousine.

But the district attorney might still get a lengthy prison term for Clark if he can show Clark committed murder with “extreme indifference” by firing a gun at the limousine even if others were firing, too. It is an easier charge to prove than first-degree murder “with deliberation,” which requires proving state of mind.

“It’s a question of being able to pin that gun on the person who is indicted,” said Dennis Hartley, a Colorado Springs criminal defense lawyer. “And if they cannot put that gun on him, they still have criminal liability and he could be found guilty as a principal.”

Denver prosecutors also have a jailhouse letter they say was written by Clark that says he pulled a gun and shot at Williams’ limousine. The indictment says Clark admitted that he wrote the letter.

“They also have an alleged confession,” Burton said. “But there is always two sides to every story, and we will have to see if the confession was videotaped or recorded.”

But if Clark claims later to have been boasting or lying in the letter to gain credibility with other inmates, he could be persuasive to jurors. Just 25, Clark is already an accomplished liar, with 13 aliases, four birthdates and two Social Security numbers.

Others in the Tahoe

So what about the other two in the Tahoe, Kataina Jackson Keeling and Mario Anderson? Keeling, despite a lengthy record of traffic and petty offenses, could provide an account that either bolstered or knock down the one the grand jury put in the indictment. Anderson’s criminal history, if one exists, can’t be confirmed because authorities have declined to release his date of birth.

It is not known whether either are cooperating, though Morrissey has previously expressed frustration at the refusal of people with direct knowledge of the crime to come forward.

“Their credibility could be attacked because of when they came forward and if they received any benefits,” Burton said.

Dave Young, a chief trial deputy in neighboring Adams County, said prosecutors cannot necessarily make people testify about what they saw unless they are implicated in the crime.

“It is very common in gang cases that you have that happen — that no one wants to testify against another gang member,” he said.

Young said a person can be subpoenaed before a grand jury and if he refuses to testify, a contempt charge could be filed and the person could face six months in jail.

If the person is involved in the crime, he can assert his Fifth Amendment right against self-incrimination and the prosecutor can offer immunity. If the witness still refuses to testify, then the witness could face jail time.

Broncos are satisfied

Despite the challenges of the case, the announcement that murder charges were filed 21 months after the Jan. 1, 2007, murder was greeted with enthusiasm at Dove Valley, the Denver Broncos headquarters.

Broncos owner Pat Bowlen said he was pleased about the new developments but there’s still work to be done.

“There’s a long time to go between now and when we get a conviction, but it’s certainly brings some closure to this organization in that we finally have the guy who pulled the trigger,” he said. “We stayed in contact as much as we could with the (Denver Police Department), and they were going to do a very thorough job with this and make sure they came out with the guy that actually pulled the trigger.”

Coach Mike Shanahan said he knew it would take time to build a proper case and is glad police did not rush the investigation.

“There’s been a lot of questions over the last close to a couple of years, and people kept on talking to us like, ‘What’s going on?’ And we knew all along that the police were doing a heck of a job, they just didn’t want to arrest somebody to arrest somebody because we all know what happens when that occurs,” he said. “They wanted to make sure they had everything dotted and crossed. They were very methodical in their approach. They had to do it the right way, and that’s really a credit to them that they were able to do this considering where this guy’s been and what’s involved and we’re just very pleased.”

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